30
14 CFR Ch. I (1–1–24 Edition)
§ 11.29
this part. The FAA may establish other
rulemaking advisory committees as
needed to focus on specific issues for a
limited period of time.
§ 11.29
May FAA change its regulations
without first issuing an ANPRM or
NPRM?
The FAA normally adds or changes a
regulation by issuing a final rule after
an NPRM. However, FAA may adopt,
amend, or repeal regulations without
first issuing an ANPRM or NPRM in
the following situations:
(a) We may issue a final rule without
first requesting public comment if, for
good cause, we find that an NPRM is
impracticable, unnecessary, or con-
trary to the public interest. We place
that finding and a brief statement of
the reasons for it in the final rule. For
example, we may issue a final rule in
response to a safety emergency.
(b) If an NPRM would be unnecessary
because we do not expect to receive ad-
verse comment, we may issue a direct
final rule.
§ 11.31
How does FAA process direct
final rules?
(a) A direct final rule will take effect
on a specified date unless FAA receives
an adverse comment within the com-
ment period—generally 60 days after
the direct final rule is published in the
F
EDERAL
R
EGISTER
. An adverse com-
ment explains why a rule would be in-
appropriate, or would be ineffective or
unacceptable without a change. It may
challenge the rule’s underlying premise
or approach. Under the direct final rule
process, we do not consider the fol-
lowing types of comments to be ad-
verse:
(1) A comment recommending an-
other rule change, in addition to the
change in the direct final rule at issue.
We consider the comment adverse,
however, if the commenter states why
the direct final rule would be ineffec-
tive without the change.
(2) A frivolous or insubstantial com-
ment.
(b) If FAA has not received an ad-
verse comment, we will publish a con-
firmation document in the F
EDERAL
R
EGISTER
, generally within 15 days
after the comment period closes. The
confirmation document tells the public
the effective date of the rule.
(c) If we receive an adverse comment,
we will advise the public by publishing
a document in the F
EDERAL
R
EGISTER
before the effective date of the direct
final rule. This document may with-
draw the direct final rule in whole or in
part. If we withdraw a direct final rule
because of an adverse comment, we
may incorporate the commenter’s rec-
ommendation into another direct final
rule or may publish a notice of pro-
posed rulemaking.
[Docket No. FAA–1999–6622, 65 FR 50863, Aug.
21, 2000, as amended at 84 FR 71717, Dec. 27,
2019]
§ 11.33
How can I track FAA’s rule-
making activities?
The best ways to track FAA’s rule-
making activities are with the docket
number or the regulation identifier
number.
(a)
Docket ID. We assign a docket ID
to each rulemaking document pro-
ceeding. Each rulemaking document
FAA issues in a particular rulemaking
proceeding, as well as public comments
on the proceeding, will display the
same docket ID. This ID allows you to
search the Federal Docket Manage-
ment System (FDMS) for information
on most rulemaking proceedings. You
can view and copy docket materials
during regular business hours at the
U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200 New
Jersey Avenue, SE., Washington, DC
20590. Or you can view and download
docketed materials through the Inter-
net at
http://www.regulations.gov. If you
can’t find the material in the elec-
tronic docket, contact the person listed
under
FOR FURTHER INFORMATION
CONTACT
in the document you are in-
terested in.
(b)
Regulation identifier number. DOT
publishes a semiannual agenda of all
current and projected DOT
rulemakings, reviews of existing regu-
lations, and completed actions. This
semiannual agenda appears in the Uni-
fied Agenda of Federal Regulations,
published in the F
EDERAL
R
EGISTER
in
April and October of each year. The
semiannual agenda tells the public
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31
Federal Aviation Administration, DOT
§ 11.40
about DOT’s—including FAA’s—regu-
latory activities. DOT assigns a regula-
tion identifier number (RIN) to each
individual rulemaking proceeding in
the semiannual agenda. This number
appears on all rulemaking documents
published in the F
EDERAL
R
EGISTER
and makes it easy for you to track
those rulemaking proceedings in both
the F
EDERAL
R
EGISTER
and the semi-
annual regulatory agenda.
[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended at 72 FR 68474, Dec. 5, 2007]
§ 11.35
Does FAA include sensitive se-
curity information and proprietary
information in the Federal Docket
Management System (FDMS)?
(a)
Sensitive security information. You
should not submit sensitive security
information to the rulemaking docket,
unless you are invited to do so in our
request for comments. If we ask for
this information, we will tell you in
the specific document how to submit
this information, and we will provide a
separate non-public docket for it. For
all proposed rule changes involving
civil aviation security, we review com-
ments as we receive them, before they
are placed in the docket. If we find that
a comment contains sensitive security
information, we remove that informa-
tion before placing the comment in the
general docket.
(b)
Proprietary information. When we
are aware of proprietary information
filed with a comment, we do not place
it in the docket. We hold it in a sepa-
rate file to which the public does not
have access, and place a note in the
docket that we have received it. If we
receive a request to examine or copy
this information, we treat it as any
other request under the Freedom of In-
formation Act (5 U.S.C. 552). We proc-
ess such a request under the DOT pro-
cedures found in 49 CFR part 7.
[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended at 72 FR 68474, Dec. 5, 2007]
§ 11.37
Where can I find information
about an Airworthiness Directive,
an airspace designation, or a peti-
tion handled in a region?
The FAA includes most documents
concerning Airworthiness Directives,
airspace designations, or petitions han-
dled in a region in the electronic dock-
et. If the information isn’t in the dock-
et, contact the person listed under
FOR
FURTHER INFORMATION CONTACT
in the F
EDERAL
R
EGISTER
document
about the action.
§ 11.38
What public comment proce-
dures does the FAA follow for Spe-
cial Conditions?
Even though the Administrative Pro-
cedure Act does not require notice and
comment for rules of particular appli-
cability, FAA does publish proposed
special conditions for comment. In the
following circumstances we may not
invite comment before we issue a spe-
cial condition. If we don’t, we will in-
vite comment when we publish the
final special condition.
(a) The FAA considers prior notice to
be impracticable if issuing a design ap-
proval would significantly delay deliv-
ery of the affected aircraft. We con-
sider such a delay to be contrary to the
public interest.
(b) The FAA considers prior notice to
be unnecessary if we have provided pre-
vious opportunities to comment on
substantially identical proposed spe-
cial conditions, and we are satisfied
that new comments are unlikely.
§ 11.39
How may I participate in FAA’s
rulemaking process?
You may participate in FAA’s rule-
making process by doing any of the fol-
lowing:
(a) File written comments on any
rulemaking document that asks for
comments, including an ANPRM,
NPRM, SNPRM, a final rule with re-
quest for comments, or a direct final
rule. Follow the directions for com-
menting found in each rulemaking doc-
ument.
(b) Ask that we hold a public meeting
on any rulemaking, and participate in
any public meeting that we hold.
(c) File a petition for rulemaking
that asks us to adopt, amend, or repeal
a regulation.
§ 11.40
Can I get more information
about a rulemaking?
You can contact the person listed
under
FOR FURTHER INFORMATION
CONTACT
in the preamble of a rule.
That person can explain the meaning
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